(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.
§ 704.770.Time and Place For Hearing; Service By Judgment Debtor and Each Dwelling Occupant
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 4. Homestead Exemption · Last amended 1985 · Last verified July 28, 2026
In one sentenceSection 704.770 requires the court to set a show-cause hearing within 45 days of the creditor's application (absent good cause for a later date) and requires the creditor to serve the debtor and personally serve or post notice on an occupant of the dwelling at least 30 days before that hearing.
Full Text of § 704.770
(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following:
(1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the Judicial Council. Service shall be made personally or by mail.
(2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each document in a conspicuous place at the dwelling.
Plain-English Summary
Once the creditor files the application described in § 704.760, the court sets the case on a schedule. It orders a hearing at which the debtor must show cause why the sale shouldn't go forward, and it has to set that hearing no later than 45 days after the application is filed, unless the court finds good cause to allow more time.
Getting that hearing on the calendar is only half the job — the debtor and any occupant still have to find out about it. Not later than 30 days before the hearing, the creditor must serve the debtor personally or by mail with the order to show cause, the application, and the notice of hearing on the Judicial Council's prescribed form. The creditor also has to personally serve a copy of those same documents on whoever occupies the dwelling, or, if no one is there when service is attempted, post the documents in a conspicuous place at the property.
That dual service requirement — one track for the debtor, another for whoever is living there — reflects that an occupant may not always be the judgment debtor named in the case, yet still needs notice before a sale can proceed.
Frequently Asked Questions
How quickly must the court schedule the show-cause hearing?
Not later than 45 days after the creditor's application is filed, unless the court finds good cause for a later date.
How much advance notice does the debtor get before the hearing?
At least 30 days, during which the creditor must serve the debtor personally or by mail with the order to show cause, the application, and the notice of hearing.
Does someone living in the home who isn't the named debtor get notice too?
Yes. The creditor must personally serve an occupant of the dwelling with the same documents, or post them at the property if no occupant is present when service is attempted.
Amendment History
Amended by Stats. 1985, Ch. 41, Sec. 7.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: order to show cause sale of home californianotice requirements before home sold judgment california